Hubbard v. Hougland et al

Filing 116

ORDER signed by Magistrate Judge Allison Claire on 1/11/13 plaintiff's 10/22/12 and 12/03/12 motions for electronic filing 109 , 113 are denied. Plaintiff's 11/29/12 and 12/21/12 motions to continue the discovery deadline 112 , 115 are denied. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DARRYL HUBBARD,

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Plaintiff,

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No. 2:09-cv-0939 JAM AC P

vs.

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C.D. HOUGLAND, et al.,

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Defendants.

ORDER
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Plaintiff, a state prisoner represented by counsel,1 proceeds with a civil rights

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action pursuant to 42 U.S.C. § 1983. This case involves an allegation of excessive force that

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occurred on July 7, 2008 by defendant guards Hougland and McBride. Before the court are the

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following motions filed by plaintiff: a motion for electronic filing, filed October 22, 2012; a

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motion to continue the discovery deadline, filed November 29, 2012; a second motion for order

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granting plaintiff leave to file electronically, filed December 3, 2012; and a second motion for

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extension of time to complete discovery, filed December 21, 2012. Defendants have not

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responded to any of these motions.

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Although plaintiff is presently represented by counsel, said counsel filed a motion to
withdraw on December 11, 2012, which is scheduled for hearing on February 6, 2013.
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Turning first to plaintiff’s motions for leave to file electronically, plaintiff’s

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request will be denied for two reasons. Initially, plaintiff’s request is moot because, as a

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represented party, any documents filed by his attorney shall be filed electronically per Local

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Rule 133(a) (“Unless excused by the Court or by the electronic filing procedures set forth in

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these Rules, attorneys shall file all documents electronically pursuant to those Rules.”). Next,

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although the Eastern District of California is an electronic management/filing district,

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unrepresented persons are required to file and serve paper documents unless the assigned Judge

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or Magistrate Judge grants leave to utilize electronic filing. Local Rule 133(a) & (b)(2). A

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request to use electronic filing by a pro se party as an exception to the rule may be made as a

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written motion setting out an explanation of reasons for the requested exception. Local Rule

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133(b)(3). The court has reviewed plaintiff’s motions and finds that they lack the necessary

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explanation of reasons to file electronically. Plaintiff’s first motion states, in its entirety,

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“Plaintiff is requesting permission to file on-line via the CM/ECF system.” Doc. No. 109.

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Plaintiff’s second motion states, again in its entirety, “Plaintiff is requesting permission to file

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on-line via the CMECF sys [sic]. Please note this is my 2nd request.” Doc. No. 113. Neither of

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these motions “set[s] out an explanation of reasons for the exception.” Local Rule 133(b)(3).
With respect to plaintiff’s motions to extend the discovery deadline, the court

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notes that, by order dated April 5, 2010, the scheduling order in this case was vacated pending

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resolution of defendants’ motion to dismiss. See Doc. No. 63. Defendants’ motion to dismiss

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was only recently resolved, see Doc. No. 110, and no further scheduling orders have yet issued.

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The court will issue a modified scheduling order following the February 6, 2012 hearing on

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plaintiff’s counsel’s motion to withdraw.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s October 22, 2012 and December 3, 2012 motions for electronic

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filing are denied; and

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2. Plaintiff’s November 29, 2012 and December 21, 2012 motions to continue the

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discovery deadline are denied.

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DATED: January 11, 2013.

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ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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